Metropolitan Property & Liability Insurance v. Ralph

I would reverse the trial court’s award of prejudgment interest to the insureds. Although I agree with the plurality that the parties to an arbitration may consent to include interest as calculated by RSA 524:1-b (1974) in an arbitration award, see Major v. Acorn Investment Co., 134 N.H. 86, 90, 588 A.2d 811, 813 (1991), I disagree that Metropolitan can be bound to the terms of a private agreement to pay prejudgment interest to which it was not a party and which was entered without its knowledge.

The plurality concedes that while the Ralphs could be bound by collateral estoppel to the damages…